Category: Criminal Procedure
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Reinvestigating the Self-Incriminatory Landscape Under PMLA: The Need for Safeguards in Summon Proceedings
[This article is authored by Nandini Sharma, Student at Rajiv Gandhi National University of Law, Punjab] Introduction The challenge to the validity of summons proceedings citing the protection granted by the right against self-incrimination, as enshrined in Article 20(3), has been raised in several proceedings, particularly those of a quasi-criminal nature, under laws such as…
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Analysis of Pradeep Kumar Kesarwani v State of Uttar Pradesh & Anr
[This Article is authored by Arundhathi Ram, a 5th year student from Gujarat National Law University, Gandhinagar] Introduction The Supreme Court’s ruling in Pradeep Kumar Kesarwani vs State of Uttar Pradesh and Anr marks a significant development in Indian criminal jurisprudence. Hearing an appeal from the Allahabad High Court’s refusal to quash a summoning order, the…
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Prosecutorial Accountability for a Victim-central System
[This Article is authored by Ujjaini Biswas. They are a student at National Academy of Legal Studies and Research] [The author is the Second Runner Up of the 2nd GCRCJS Criminal Law Essay Writing Competition, 2024] Introduction The Criminal Justice System in India has been modified to be accused-centric, with several established precedents and laws in place,…
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Sentencing Policy: An Invigoration that Indian Criminal Jurisprudence is in Need
[This Article has been authored by Aadarsh Mittal]. “Imprisonment is a way of pretending to solve the problem of crime. It does nothing for the victims of crime, but perpetuates the idea of retribution, thus maintaining the endless cycle of violence in our culture.” -Howard Zinn Introduction Punishment and sentencing are the benchmarks on which…
